The difference between battery, assault of a teacher

Previously, we discussed an assault on a teacher as defined by Louisiana law. This week we will cover the actually battery of a school teacher.

The law defines the crime of battery on a school teacher as a battery committed without the consent of the victim when the offender has reasonable grounds to believe the victim is a school teacher acting in the performance of employment duties.

Once again a school teacher includes any teacher or instructor, administrator, staff person, or employee of any public or private elementary, secondary, vocational-technical training, special, or post-secondary school or institution. As well as any teacher aide and personnel employed by a city, parish, or other local public school board.

As before, a school means any public or nonpublic elementary, secondary, high school, vocational-technical school, college, special, or post-secondary school or institution, or university in this state. According to the law, a student means any person registered or enrolled at the school where the school teacher is employed.

The laws are much stiffer for striking a school teacher and again separate a student and a non student. If a student commits a battery, the punishment upon conviction shall be fined not more than $5,000 dollars or imprisoned not less than 30 days nor more than one year. At least 72 hours of the sentence imposed shall be imposed without benefit of suspension of sentence. If the battery was committed by someone who is not a student, the offender shall be fined not more than five thousand dollars or imprisoned with or without hard labor for not less than one year nor more than five years, or both.

There is an additional punishment if the battery produces an injury that requires medical attention, the offender shall be fined not more than $5,000 or imprisoned with or without hard labor for not less than one year nor more than five years, or both.

It is a sad day when teachers are trying to do their best job in educating our children but face threats from family members and children. First thing we should do is be a part of our children’s lives and school work, have meetings with their teachers and make a game plan to help better educate them.

An education can never be taken away from them.

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